Himachal Pradesh High Court
Son Of Shri Jindu Ram vs State Of Himachal Pradesh And Others on 7 April, 2022
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 07th DAY OF APRIL 2022
.
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION No. 1833 of 2022
Between:-
PYARE CHAND
SON OF SHRI JINDU RAM,
RESIDENT OF VILL. & POST OFFICE SHIAH
MANJHLI (37/93), TEHSIL &
DISTT. KULLU, H.P.
......PETITIONER
(BY SH. OM PARKASH GOEL, ADVOCATE)
AND
1. THE HIMACHAL PRADESH TOURISM DEVELOPMENT
CORPORATION LTD. THROUGH ITS MANAGING
DIRECTOR, RITZ ANNEXE, SHIMLA-171001.
2. SENIOR ACCOUNTS OFFICER, HPTDC,
RITZ ANNEXE, SHIMLA, 171001.
.....RESPONDENTS
(BY SH. NARESH KAUL, ADVOCATE)
_______________________________________________________
This petition coming on for admission this day, Hon'ble
Mr. Justice Mohammad Rafiq, passed the following:
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2
ORDER
This writ petition has been filed by petitioner, who had .
retired from the service of the respondents-Himachal Pradesh Tourism Development Corporation (HPTDC), with the prayer that the respondents may be directed to pay the amount of Gratuity and Leave Encashment alongwith interest for the delay on the part of the respondents.
2. Reliance has been placed on the judgment passed by a Division Bench of this Court in CWP No. 3050 of 2014, titled Nek Ram versus State of Himachal Pradesh and others, decided on 17.07.2014 and also on a subsequent order of this Court dated 25.08.2021, passed in CWP No. 4377 of 2021, titled Sh. Subhash Chand versus The Himachal Road Transport Corporation, Shimla and others alongwith connected matters, in which, the respondents were directed to pay the retiral benefits to the petitioners within a period of six months. In case, the required retiral benefits are not paid to the petitioners within the aforesaid period of six months, then in addition to the due statutory benefits, the petitioners shall also be paid interest at the rate of 9% per annum beyond the period of six months till the date of actual payment.
3. In another subsequent order of this Court passed in CWP No. 6034 of 2021, titled Ram Lal versus The Himachal ::: Downloaded on - 07/04/2022 20:12:09 :::CIS 3 Pradesh Tourism Development Corporation Ltd. and another and the connected matter, decided on 23.11.2021, the respondents .
were directed to make payment of gratuity to the petitioner within a period of six months from the date of passing the order. In the event of non-payment of due amount, the petitioner was held entitled to differential amount of interest between the amount of interest statutorily payable to the petitioner as per the Payment of Gratuity Act and the interest at the rate of 9% per annum for the period of delay beyond six months.
4. While disposing of Review Petition No.110 of 2021 on 25.11.2021, preferred against the order dated 09.11.2021 passed in CWP No.6928 of 2021, in which, the aforesaid order dated 25.08.2021 passed in CWP No.4377 of 2021 was relied upon, this Court has clarified the aforesaid order in the terms that the respondent-Corporation shall be liable to pay entire retiral dues of the petitioner, including gratuity, arrears of pension and leave encashment alongwith prescribed rate of interest, within a period of six months from the due date till the actual payment is made.
5. We are, therefore, persuaded to dispose of this writ petition with a direction to the respondents to pay gratuity and leave encashment to the petitioner with actual rate of interest as per applicable rules, till the time of actual payment, which shall be paid ::: Downloaded on - 07/04/2022 20:12:09 :::CIS 4 to them within a period of six months from today. The due amount of payment, if delayed beyond six months, shall be paid with interest to .
the rate of 9% per annum till the date of its actual payment. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge 07th April, 2022(rohit/vs) ::: Downloaded on - 07/04/2022 20:12:09 :::CIS